MichiganLegalAid.org

If you are a Lawful Permanent Resident (LPR) and wish to receive food stamps, you must prove that you have worked 40 “qualifying quarters” (one quarter is approximately equal to three months of work) in the United States. This means you must:

• Have worked at least 40 calendar quarters (10 years) in the U.S., OR

• You and your spouse must have worked 40 quarters in the U.S. combined, OR

• Your parents’ quarters worked in the U.S. while you were under 18 and YOUR quarters worked in the U.S. must add up to 40.

• Have tax forms, pay stubs and receipts to show that you have worked at least 40 quarters in the U.S. —— they are very important. You should always keep these documents to help prove you are eligible for public benefits.

In 1998, the food stamps laws changed to allow many more immigrant children, disabled persons, and senior citizens to receive food stamps, even if they do not meet all of the above conditions.

If you think that your child is eligible to receive Child Day Care benefits, apply at the Department of Human Services office in your county for these and other government benefits. Immigration status questions and Social Security Numbers are required only for the child.

WARNING: Undocumented parents should not provide information about their immigration status or social security numbers.

LPRs who have worked 40 qualifying quarters may be eligible for Medicaid benefits, if the state where they apply allows non-citizens to receive Medicaid. Most states, including Michigan, allow qualifying LPRs to receive Medicaid. Emergency medical assistance cannot be denied to any alien or immigrant.

IMPORTANT NOTES: Receiving Medicaid, Food Stamps or Child Day Care should NOT affect your immigration case, and should NOT be used to keep you from becoming a U.S. citizen.

Also, if you are only applying for benefits for a relative, you are under no obligation to provide information regarding your immigration status to the Department of Human Services.

The Reporting requirement is only applicable to the individual applying for the benefits. In other words, the undocumented mother who is applying for her US born child's benefits does not fall under the reporting requirement. The Department of Human Services MAY NOT report an individual seeking benefits based on

1. an applicant’s oral or written admission,

2. a suspicion by a caseworker regarding the immigration status of an applicant,

3. a finding that an applicant is ineligible for a benefit based on anything except a formal determination by the INS.

The reporting requirement does not apply UNLESS there is a FORMAL finding by the agency, and the formal finding is based on evidence provided to them by the INS.

Otherwise, the Department of Human Services MAY NOT report individuals due to the immigration status.

IMPORTANT NOTE: Also, DHS is required to provide you with an interpreter if you do not speak English and your caseworker does not speak your language. DHS cannot ask your relative to translate for you!

MI Child is a new health insurance plan for Michigan children who have no other insurance. For $5 per family per month, medical, dental, eye care, and prescription expenses are covered for children under 19 of qualifying families. To qualify, the child must:

• Not be eligible for Medicaid. (This means that the family income must be between 150% and 200% of the poverty level. For example, a family of four must earn between $2,100 and $2,800 a month in order to qualify.)

• Be either a U.S. citizen or an LPR who has been in this country legally at least since August 22, 1996 (the child’s parents need not be either citizens or LPRs);

• Have no other health insurance of any kind available to them -- even insurance with a high deductible or limited coverage.

MI Child requires that you enroll in "managed care." This means that you can only get  care under MI Child from the organization in which you are registered. Many of the migrant health clinics are served by an organization called Community Choice Michigan (CCM). In order to be served by multiple migrant health clinics throughout the State, you may wish to enroll in CCM when you are given an option.

To enroll, call MI Child at 1-888-988-6300. Spanish language application forms are available upon request.

If you apply for public benefits and are cut off or denied (or are denied an opportunity to apply), ask for a decision in writing and contact a Legal Services office immediately. You must appeal within the time allowed or you will lose your right to challenge the decision. If your benefits are cut off, and you appeal soon enough, you may continue to receive benefits until you get a hearing in front of a judge.